Court : DRAT Allahabad
Reported in : IV(2007)BC1
..... the section 72 of contract act.ruling bank of baroda v. indochem and varnish industries ii (2006) b.c.56 (d.r.a.t./d.r.t.), decided by this tribunal, sowdra bai v ..... under mistake, sri sri shiva prasad singh (deceased), now represented by kali prasad singha v. maharaja srish chandra nandi air (36) 1949 p.c. 297, deal with section 72 of the contract act. both have no application in the instant case. learned counsel for both the parties have cited jammu and kashmir bank ltd. v. attar-ul-nisa , which deals with ..... as in that suit the appellants are only proforma defendants.8. having heard the counsel for both the sides, let us examine the definition of debt provided under section 2(g) of the act. this definition is as under: "debt" means any liability (inclusive of interest) which is claimed as due from any person by a bank or a financial .....
Tag this Judgment!Court : DRAT Allahabad
Reported in : I(2008)BC24
..... form its own opinion on the basis of the entire evidence brought on record. the court also would be competent to compare the signatures and the writings under section 73 of the evidence act.in this very ruling the mention had been made with regard to opinion of expert based on glaring similarities. another ruling panchula v.ganeshilal maheshwari , wherein in para .....
Tag this Judgment!Court : DRAT Allahabad
Reported in : III(2007)BC1
..... has also been held by the earned tribunal that the provisions of order 8 rule 5 of the cpc would not be applicable as a bar as per section 22 of the rddbfi act and adjudication shall be governed by the principles of natural justice. even if it is held that pro vision of order 8 rule 5 is not applicable ..... act should apply as enumerated under section 19(20) of the rddbfi act itself, where the tribunal have been given power and authority to fix/determine the interest portion as it deems fit to meet the ends of justice ..... the appellants. it is true that the courts have got no power to vary the agreed rate of interest between the financial institution and the loanee as per section 21a of the banking regulation act, but when the banking documents are in variance regarding the rate of interest, then definitely the provisions of the special statute i.e. rddbfi .....
Tag this Judgment!Court : DRAT Allahabad
Reported in : II(2007)BC46
..... they got notice from the recovery officer and inspected the records on 13th march, 2003, the restoration petition under section 22(2)(g) of the rddb & fi act was filed on 2nd april, 2003 along with a petition under section 5 of the limitation act, the plea of the appellants was that they were not served with notices as there was some change in ..... officer, d.r.t., allahabad in miscellaneous application no. 75 of 2003 whereby and whereunder the application filed under section 22(2)(g) of recovery of debts due to banks and financial institutions act, 1993 (hereinafter shall be referred to as the "rddbfi act") for setting aside the ex parte judgment dated 11th november, 2002 passed in t.a. no. 1223 of 2000 .....
Tag this Judgment!Court : DRAT Allahabad
Reported in : I(2007)BC147
..... to consider any counter-claim or set-off claim. such observation of the tribunal was beyond the scope of the express and specific provision of the rddbfi act as provided under sections 19(8) to 19(11). when parties are present before the tribunal, then it was the bounden duty of the tribunal to give them opportunity of ..... the drt, jabalpur, where the same has been registered as t.a. no.1145/98. the learned presiding officer, drt, jabalpur as per provisions of section 31-a of the rddbfi act and the regulation framed for practising procedure of drt, proceeded with the case from the stage when it was transferred to the drt. from the records ..... while filing this appeal before this tribunal, the appellants had filed two petitions, one for condonation of delay as contemplated under section 5 of the limitation act and another for waiver of deposit as per section 21 of the rddbfi act. both those petitions were heard and disposed of in favour of the appellant vide order dated 15th december, 2004.4. .....
Tag this Judgment!Court : DRAT Allahabad
Reported in : I(2007)BC1
..... officer, d.r.t., allahabad in m.a. no. 181/02, whereby and whereunder the restoration petition filed under section 22(2)(g) of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter shall be referred to as the rddbfi act) for setting aside the final order passed in t. a. no. 170/2000 on 27th august, 2002 has .....
Tag this Judgment!Court : DRAT Allahabad
Reported in : 3(2006)BC115
..... the memo of appeal relates back to the date of filing of the appeal and as such no amendment comes in. however, a petition had been filed under section 5 of the limitation act, wherein it was stated that although the amendment petition was filed long back, but the same was taken up for hearing on 15th july, 2004 and as such ..... is calculated, the same cannot be as per agreed rate of interest, when the loan was taken, but could be as per discretion of the court/tribunal as contemplated under section 34 of cpc and as such his contention is that if the interest is found to be payable, then the same should be on the settled amount of rs. 9 ..... was made within the stipulated time.4. the respondents' side has first of all taken the preliminary objection that the appeal is not maintainable under the provisions of the rddbfi act as the recovery case was disposed of on the basis of the compromise between the parties and a compromise decree cannot be assailed of in the appeal. this submission was .....
Tag this Judgment!Court : DRAT Allahabad
Reported in : II(2006)BC30
..... tribunal decided the said legal issue against the appellant and dismissal of proceeding was recorded and hence the present appeal.3. although it appears that the learned tribunal had considered section 149 of the c.p.c. and also a judgment of the apex court as but basic fundamentals have been erred by the tribunal in deciding the issue.4. ..... then although no objection was raised either by the appellant or from the defendants, the appellant thought it fit that it should pay the court fee as per the amended act itself and as such prayer was made so as already mentioned above as though petition filed on 28.7.2001. such petition was filed before the tribunal and as such ..... raised regarding deficit court fees and the suit proceeded as it was on the maximum court fees paid by the appellant as per the unamended m.p. court fees act and the suit was also transferred to the tribunal at the same stage and nowhere there was any objection regarding deficit court fees after the suit was revived before the .....
Tag this Judgment!Court : DRAT Allahabad
Reported in : 3(2006)BC120
..... cannot agree with the finding of the learned tribunal under the point no. 4.liability to the bank/financial institution comes within the definition of debt under section 2(g) of the act, if the collusion and fraud as alleged by the bank could have been established against defendant no. 8 also, then the claim of the bank becomes ..... in the case, the vital issue for the purpose of dismissal as recorded by the learned tribunal was the claim being barred by limitation as contemplated under section 17 of the limitation act.11. mr. g.c. mehrotra, learned counsel appearing for and on behalf of the appellant-bank has submitted that although fraud has been alleged in the ..... has also been decided against the appellant bank holding that defendant no. 8 being not borrower or guarantor does not come within the definition of debt under section 2(g) of the act and ultimately under the point no. 5 the claim has been recorded to be dismissed.9. before considering the submission of the learned counsel for all .....
Tag this Judgment!Court : DRAT Allahabad
Reported in : II(2006)BC33
..... of the rules framed by the central government and i do not find that the provisions of rules have any overriding effect on the provisions of the act. section 7 of the act provides for appointment of recovery officer and other officers of the tribunal and the central government has been given power to make rules to that effect ..... has been given as to who had given him information regarding ex parte judgment. all these contentions made by the parties in the restoration petition under section 22(2)(g) of the act have been denied by the respondent bank by filing written objection. it was their contention that the appellants being the family members and near and ..... appellants did not appear, the original application proceeded ex parte against them. soon after decree was passed, the appellants came up with a petition under section 22(2)(g) of the act for setting aside ex pane judgment and order for recovery on the ground that no notices/summons were ever served on them. their case was that .....
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